S v Molefi (SS83/2022) [2023] ZAGPJHC 919 (14 August 2023)

S v Molefi (SS83/2022) [2023] ZAGPJHC 919 (14 August 2023)

The court found that the accused was positively identified as the perpetrator of the murder of Lasi Max Siweya and the attempted murder of Oupa Sydney Mabasa. The identification evidence was corroborated by multiple witnesses, forensic evidence, and admissions made during the pointing out. The accused's version that he was not present at the scene was rejected as false and not reasonably possibly true, given the overwhelming evidence against him. The court found that the accused acted with common purpose with others in the commission of the offences. The charge of robbery of the firearm was not proven, as the firearm was later found in the deceased's office. The accused was found guilty...

Citation
[2023] ZAGPJHC 919
Parties
Applicant: The State; Respondent: Rapooea Molefi
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 August 2023
Case Number
SS83/2022
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
The accused is acquitted on count one (murder of Tsele Nkoroane) and count four (robbery of firearm from Lasi Max Siweya). The accused is convicted on count two (murder of Lasi Max Siweya), count three (attempted murder of Oupa Sydney Mabasa), count five (robbery with aggravating circumstances of cellphone from Oupa...
Judges
Dosio
Legal Topics
Murder, Attempted Murder, Robbery With Aggravating Circumstances, Illegal Immigration, Identification Evidence, Minimum Sentencing
Criminal Law Murder Attempted Murder Robbery With Aggravating Circumstances Illegal Immigration Identification Evidence Minimum Sentencing

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Parties

The State

Applicant

Rapooea Molefi

Respondent

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused is guilty of murder in respect of the death of Lasi Max Siweya.
  2. 2 Whether the accused is guilty of attempted murder of Oupa Sydney Mabasa.
  3. 3 Whether the accused is guilty of robbery with aggravating circumstances regarding the theft of a cellphone from Oupa Sydney Mabasa.

Ratio Decidendi

The court found that the accused was positively identified as the perpetrator of the murder of Lasi Max Siweya and the attempted murder of Oupa Sydney Mabasa. The identification evidence was corroborated by multiple witnesses, forensic evidence, and admissions made during the pointing out. The accused's version that he was not present at the scene was rejected as false and not reasonably possibly true, given the overwhelming evidence against him. The court found that the accused acted with common purpose with others in the commission of the offences. The charge of robbery of the firearm was not proven, as the firearm was later found in the deceased's office. The accused was found guilty...

Court Disposition

The accused is acquitted on count one (murder of Tsele Nkoroane) and count four (robbery of firearm from Lasi Max Siweya). The accused is convicted on count two (murder of Lasi Max Siweya), count three (attempted murder of Oupa Sydney Mabasa), count five (robbery with aggravating circumstances of cellphone from Oupa...

Orders

  • The accused is acquitted on count one (murder of Tsele Nkoroane).
  • The accused is acquitted on count four (robbery of firearm from Lasi Max Siweya).